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Procedural fairness, a key component of just administrative action, primarily refers to the fairness of the process by which a decision is made. It ensures that individuals affected by administrative
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Procedural fairness, a key component of just administrative action, primarily refers to the fairness of the process by which a decision is made. It ensures that individuals affected by administrative decisions are treated fairly throughout the decision-making process.
Let's evaluate the options:
- a) Following the correct procedure and giving the other party the opportunity to explain his / her position of the story before a decision is taken. This accurately describes procedural fairness. It encompasses the audi alteram partem rule (the right to be heard) and ensuring that the process itself is fair and unbiased.
- b) Complying with all the requirements of the law found in the constitution. This describes the broader concept of lawfulness or legality, of which procedural fairness is one aspect.
- c) Protection against any possible harm. This relates more to the outcome or impact of a decision, or the concept of reasonableness, rather than the fairness of the procedure itself.
- d) Decision must be sound and sensible. This describes the reasonableness or rationality of a decision, which is another distinct element of just administrative action.
- e) Giving an employee 24 hours notice to appear before a disciplinary committee. While giving notice is part of procedural fairness, this is a very specific example and not a comprehensive definition of the general principle. Procedural fairness requires adequate notice, but the specific timeframe can vary.
Therefore, option a provides the most accurate and comprehensive definition of procedural fairness.
The correct option is a).
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